Mock the Vote

Since
the Justice Department axed nine U.S. attorneys, all eyes have been
on Attorney General Alberto Gonzales, but the scandal began with a GOP
strategy to stifle grass-roots registration of poor minority voters.

By John Atlas

IF YOU RELIED ON THE USUAL sources to make sense
out of the "U.S. Attorneygate" scandal, you'll be forgiven
for missing the heart of the matter. Lost in the barrage of coverage
of the political byplay in the investigation into the firing of nine
United States attorneys is the crucial back story: a protracted struggle
over voting rights that grew out of the contested 2000 elections, the
outcome of which will effect who is elected president and who controls
Congress in 2008.

The story began with a Republican-directed vendetta against voter registration,
orchestrated from the White House against those, like the grass-roots
anti-poverty group ACORN, working
to register poor and minority voters. And it leads to the firing of
New Mexico's U.S. attorney David C. Iglesias, who infuriated state GOP
operatives for failing to go after voter-fraud allegations with sufficient
zeal.

The furor that followed the firing of the U.S. attorneys in December
2006 took the Bush administration by surprise. But perhaps the biggest
bombshell was the April 2007 congressional testimony of Kyle Sampson,
former chief of staff to Attorney General Alberto Gonzales, who stated
that he "had received a complaint" from Bush's political adviser
Karl Rove about the work of U.S. attorneys, including Iglesias, for
not aggressively pursuing voter-fraud cases.

Writing about Sampson's testimony in Newsweek, Michael Isikoff
reported that before Iglesias was fired, prominent New Mexico Republicans
complained repeatedly to Rove about Iglesias' decision not to indict
Democrats for voter fraud. Sampson drew up a list of prosecutors to
be fired, with input from the White House. And McClatchy News reported
that Allen Weh, chairman of New Mexico's Republican Party, twice sought
Rove's help-the first time via an intermediary, the second time in person-in
getting Iglesias fired. "He's gone," Rove said.

The Disenfranchised Poor Are Always with Us
Registering poor people and minorities has long been on the agenda of
civil-rights and progressive groups. More than one out of four voting-age
citizens-more than 50 million Americans-are unregistered. In 2002, 80
percent of families with incomes above $75,000 voted regularly, compared
with 25 percent of families with incomes below $10,000, according to
the Census Bureau. Most poor Americans don't vote because they see politicians
as unresponsive to their needs or perspectives. Moreover, minority voters
have long faced obstacles-literacy tests, poll taxes, intimidation,
threats, and violence.

Poor people, and blacks and Hispanics in particular, tend to vote for
candidates who favor redistributionist policies, such as high taxes
on the rich, raising the minimum wage, government-supported job training,
and universal health-care. And they typically don't vote Republican.
So schemes to suppress voting by minorities are standard equipment in
the Republican tool box.

After the 2000 election, Karl Rove surveyed the political landscape
and saw a divided electorate. He needed a plan to energize the GOP base
and ensure that Republicans got the 1- to 3-percent edge they needed
to win. Rove kept a close eye on voter-registration data, seeking to
slow the rate of Democratic-leaning registration. And it wasn't long
before Bush's lawyers, Republican activists, conservative publications,
and right-wing bloggers would all join in the hunt for alleged voter
fraud.

John Ashcroft, George W. Bush's first attorney general, was a natural
to lead the hunt. In the 2000 U.S. Senate race in Missouri, then-Senator
Ashcroft lost to Democrat Mel Carnahan, despite the fact that Carnahan
had died in a plane crash a few weeks earlier. In St. Louis, a city
dominated by African-American Democrats, the polls had stayed open past
the official closing time, infuriating Republicans like U.S. Sen. Kit
Bond, who charged, "The Democrats in this city are trying to steal
this election. If they [succeed], some people ought to go to prison."
Bond later spearheaded calls for an investigation into alleged voter
fraud.

In late 2001, according to McClatchy News, Ashcroft hired three political
operatives to work in a secretive new unit in the federal Civil Rights
Division's Voting Rights Section. One member of the unit was Hans A.
von Spakovsky, a former Georgia election official and Republican activist.
He eventually took de-facto control of the Voting Rights Section and
used his position to advocate for tough voter ID laws. According to
McClatchy, Ashcroft repeatedly cited allegations of rampant voter fraud
to justify such measures.

On virtually every major voting decision since 2002, the Voting Rights
Section came down on the side of Republicans in states where recent
elections had been decided by narrow margins, notably in Florida, Michigan,
Missouri, Ohio, and Washington. In 2002, Ashcroft announced a plan that
required "all components of the [Justice] Department" to "place
a high priority on the investigation and prosecution of election fraud."

As the 2004 election approached, Ashcroft launched an initiative in
key presidential battlegrounds, including Florida, Missouri, Ohio, and
New Mexico, targeting bogus registrations and other election crimes.
The Justice Department asked U.S. attorneys across the country to meet
with local election officials and launch publicity campaigns aimed at
getting citizens to report irregularities.

Voter-fraud accusations against ACORN surfaced in 2004 in Florida,
Ohio, Minnesota, Pennsylvania, Colorado, and Wisconsin. None of these
allegations panned out; most involved incomplete or duplicate applications,
and even bad handwriting. Yet most journalists covered the fights over
voter registration and participation as a kind of he-said, she-said
story, suspending judgment on the relative accuracy of Democrats accusing
Republicans of voter repression and Republicans accusing Democrats of
voter fraud. Perhaps striving for evenhandedness, mainstream media,
including public radio, treated the subject as if voter access by minorities
and voter fraud were like siblings who complain that the other gets
too much attention: The Democrats yell and scream about access; Republicans
about fraud.

The controversy might have continued to generate more heat than light,
but for an incident in New Mexico involving a low-paid Hispanic ACORN
employee named Christine Gonzales.

Who's Defrauding Whom in the Land of Enchantment?
In the swing state of New Mexico, which Al Gore won by 366 votes in
2000, Republicans and Democrats waged a bitter battle over requiring
voters to show a photo ID. In 2003, when ACORN began its voter-registration
drives there, Republicans were sure the result would be fraudulent voting
by illegal aliens and others. By the fall of 2004, the presidential
contest between George W. Bush and Sen. John F. Kerry had tightened,
and by all accounts, ACORN was signing up new voters statewide. By August
2004, ACORN and its allies registered 65,000 people-about a 10-percent
increase over 2000-in Bernalillo County, home to Albuquerque. The Republicans'
vendetta against ACORN in New Mexico was about to begin.

It started in early August when a group of Republicans led by County
Sheriff Darren White marched into the Bernalillo County clerk's office
and asked if there were any "problem" registrations. County
Clerk Mary Herrera said yes: some 3,000 incomplete or error-ridden forms
were missing Social Security numbers, post office box addresses, or
signatures.

That was enough for White, one of the state's highest-profile Republicans
and chair of the county Bush-Cheney campaign. "When they brought
me on, it was plain and simple: They said, 'We need to win Bernalillo
County,' " White told the Albuquerque Journal.

On August 5, he dashed off a letter to New Mexico's U.S. attorney,
David C. Iglesias, asking him to investigate voter-registration cards
that might be fraudulent. A series of "suspect" forms had
been submitted in recent weeks, he said in his letter.

Herrera told reporters that she was getting incomplete forms. "When
a clerk's employee calls the voter to fill in the blanks, the person
sometimes says he or she never filled out the form," Herrera said.

Although most glitches were typical errors by registrants or the people
registering them, Republican officials held a press conference, claiming
that grass-roots groups were producing fraudulent registrations. One
of the groups they named was ACORN.

A few days later, Glen Stout, an Albuquerque policeman, was surprised
to receive a voter-registration card in the mail for his 13-year-old
son, Kevin. He reached out to Republican leaders, including Rep. Joe
Thompson, an Albuquerque Republican and lawyer. Thompson was about to
file a lawsuit against the New Mexico Secretary of State charging voter-registration
irregularities. Stout agreed to join as a plaintiff.

Kevin Stout denied filling out the application, and it looked as if
his signature and birth date had been forged. ACORN had submitted the
application in his name, and local authorities quickly traced the problem
to Christine Gonzales, a young ACORN canvasser.

Thompson filed suit in state district court on August 20, seeking a
judgment that New Mexico's voter-identification statute, which applied
only to first-time voters who registered by mail, should be broadened
to include those signed up by groups like ACORN. The law required first-time
voters who registered by mail to present identification such as a utility
bill or government-issued photo ID.

On August 24, Stout and Thompson stood outside ACORN's Albuquerque
offices and blamed the group for faulty voter-registration cards. "We
have proof," Thompson declared and produced young Stout's voter-registration
form, turned in by Gonzales.

Matthew Henderson, ACORN's head organizer, knew his group's voter-registration
process had flaws. A few workers weren't sufficiently careful about
whom they signed up. Gonzales's name was indeed on the registration
card. But Henderson also knew that she was not the person who assisted
the boy in filling out his registration form, because he had fired Gonzales
in May for altering forms to get credit for other people's work.

On September 2, a hearing on the case was to take place before State
District Judge Robert L. Thompson. If the judge ruled in the Republicans'
favor, the result would be changes in election rules two months before
the election, confusion among voters, and the likely disenfranchisement
of hundreds of the people ACORN had registered.

Henderson testified that ACORN had no way to contact registrants to
let them know they might have to show identification at the polls. People
could be turned away and become discouraged from voting if they have
to show identification, Henderson said. He cited examples of voters
whose identification doesn't match their address on the voter roll because
they've moved, or because they aren't carrying acceptable ID.

"What's going on now is no different from what was going on in
the civil-rights movement of the '60s," Henderson said to the press.
"This is about a set of people trying to stop another set of people
from voting."

The Republicans produced a few examples of what they alleged to be
clearly fraudulent applications. But their case began to unravel when
several women whose registration cards were attached to the lawsuit
testified that they registered twice by mistake and that no fraud was
involved. One woman had told an ACORN canvasser that she might already
be registered. She testified that the canvasser replied, "If you're
not sure, register, and if there were duplicates only one would be recorded."
It turned out that she had in fact registered previously. No fraud was
intended. Another instance involved a couple who had registered but
had not received their cards. Worried that their applications had been
lost, the husband returned to a street-corner registration table and
filled out two new forms and, with his wife's permission, signed her
name.

On Sept. 7, Judge Thompson rejected the Republican-led efforts to require
county clerks to demand identification from voters who don't register
in person with the county. Far from being cowed by their loss, state
GOP leaders responded by demanding a criminal investigation into voter
fraud. At a press conference the same day, Iglesias promised a thorough
inquiry. "It appears that mischief is afoot," he said, "and
questions are lurking in the shadows."

Iglesias announced the establishment of a voter-fraud task force to
investigate complaints about election fairness. It would include lawyers
or other staff from his office, the U.S. Department of Justice criminal
division, the FBI, the New Mexico Department of Public Safety, and the
New Mexico Secretary of State's office. "There's a lot of information
that's of a questionable nature," Iglesias said. "We're getting
lots of referrals from people across the spectrum that this election
may be dirty . The task force is ready to investigate all legitimate
referrals." He said that his team was already investigating one
allegation, but declined to give details. He also said the much-publicized
case of a 13-year-old boy who was registered by ACORN merited investigation,
alluding to Kevin Stout.

One important Republican was not satisfied with Iglesias' task force.
Mickey D. Barnett, a lawyer who represented the 2004 Bush-Cheney campaign
in New Mexico, shot off an e-mail message to Iglesias urging him to
bring charges against the canvasser who forged signatures. The Albuquerque
Journal reported that Barnett chastised Iglesias for "appointing
a task force to investigate voter fraud instead of bringing charges
against suspects."

Nevertheless, Iglesias' investigation continued. In addition to the
allegations against Gonzales, Iglesias' task force took a close look
at more than 300 matters. By January 2005, he concluded that there was
not sufficient evidence to bring a case.

Iglesias' decision was so frustrating to Republicans that they began
a campaign to get rid of him that reached all the way to the White House.
He became the target of fierce criticism by state GOP lawmakers and
political operatives, more so than any of the other seven prosecutors
whose dismissals set off a furor in Washington, according to a March
17 New York Times article based on extensive interviews and a
review of Justice Department documents.

Weh, the New Mexico Republican Party chairman, was quoted in the Times
saying, "If I saw a felony take place and reported it to police,
I would be mad if they didn't do anything." Weh said to Iglesias,
"There were well-known instances of voter fraud and people expect
them to be prosecuted." Then he got on the phone and called an
aide to Karl Rove. He asked that Iglesias be removed from office. "The
next time I saw that [Rove] staffer, I said, 'Man, you guys need to
get a new U.S. attorney. This guy is hopeless,' " Weh said.

ACORN and voter registration were already on Rove's mind by the time
Weh sought his help. In 2004, on the Fox News program "Hannity
& Colmes," Rove referred to "a bunch of workers from ACORN"
who were seen carrying absentee ballots. "In the state of Pennsylvania,"
Rove said, "you cannot give your absentee ballot to someone else
to deliver for you. You have to put it in the mail yourself, and here
were a bunch of workers for a very highly partisan group carrying a
bunch of prisoner ballots out of the prison illegally and attempting
to vote them."

On April 7, 2006, Rove gave a speech to the Republican National Lawyers
Association. Asked about election fraud, Rove answered, "
We've got a few more things to do before the political silly season
gets going, really hot and heavy. But yes, this is a real problem. I
mean Bernalillo County, New Mexico, will have a problem after the next
election, just like it has had after the last two elections. I mean,
I remember election night 2000, when they said, 'Oops, we just made
a little mistake; we failed to count 55,000 ballots in Bernalillo; we'll
be back to you tomorrow.' "

When Weh saw Rove at a White House function in late 2006 and asked
him about Iglesias, Rove replied that Iglesias was "gone,"
according to Weh. On Dec. 7, Iglesias was asked to resign. The spokesman
for the U.S. attorney's office said that he "has had discussions
with officials in Washington, D.C. Based on those discussions, he has
decided to move on."

Rove's WMD and the 2008 Outlook
As the 2008 election approaches, the intense media attention to Attorneygate
hasn't curbed the GOP penchant to play the politics of voter fraud.
To hold on to the White House and regain control of Congress, Rove and
the Republicans may think they can't afford to quit using the Justice
Department, including U.S. attorneys, to harass advocacy groups such
as ACORN for signing up new voters.

Even if Republican activists persist in their voter-suppression campaign,
it will have little impact on ACORN's voter-registration efforts. The
organization plans to continue its efforts, using tighter quality controls
to prevent irregularities. Leaders and staff are exploring ballot campaigns
around health care and mandatory sick leave for the 2008 campaign.

As a result of the Attorneygate scandal, the mainstream media began
to investigate the Republican allegations of voter fraud and found that
they were baseless. According to an April 12 New York Times article,
120 people have been charged with the crime in the past five years,
leading to 86 convictions. Most of the acts of wrongdoing were committed
by voters who filled out more than one registration form and by immigrants
and felons "seemingly unaware that they were barred from voting."
That same day, a Times editorial noted, "In partisan Republican
circles, the pursuit of voter fraud is code for suppressing the votes
of minorities and poor people."

If the press continues to dig in to the story, it will be harder for
the Bush administration to pursue investigations into voter-registration
drives in poor and minority communities and to ignore harassment and
discrimination at the polls. The question is whether ACORN and its allies
can now help to reframe the debate and change the public perspective
on voter registration by demonstrating why a progressive political agenda
that includes ending poverty depends on increasing voter turnout of
poor minorities. The evidence is on ACORN's side, but much will turn
on whether the press sustains its new focus on the truth about the Republican
voter-fraud vendetta, the WMD of Bush's political strategy.

Copyright 2007

John Atlas, board president of the National Housing Institute, is writing
a book about ACORN.